Parliament slammed over electoral Bill delays

The One South Africa Movement and other civil society organisations are warning parliament of the pressing deadline to pass the Electoral Amendment Bill to change SA’s unconstitutional electoral laws after extensions and delays that seem to reflect lack of accountability.

However, parliament spokesperson Moloto Mothapo said the National Assembly was not ignoring the court or deliberately not adhering to the time frame.

He said parliament had asked for an extension because it was not practically able to pass the Bill before the stipulated deadline. Mothapo said “sound practical” reasons were provided for why the extension was necessary.

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“We’re confident that we’ve advanced a valid case for the Constitutional Court to consider.

“A lot of work has been done by the committee thus far, including extensive time dedicated to public hearings which is a critical and necessary feature of the Bills’ development process,” he said.

“Anything short of this would have fallen afoul of the law and the Constitution.”

According to One South Africa Movement spokesperson Mudzuli Rakhivhane, parliament had five days left to change the electoral system or face charges of contempt of court for failing to adhere to the Constitutional Court’s ruling.

Rakhivhane said political parties in parliament have spent the past “725 days delaying, dithering, ducking and diving” in a “sneaky” attempt to avoid the inevitable which was a stronger, more accountable electoral system which would bring decision-making closer to the people, and ensure the best individuals represented South Africans in parliament.

“In doing so, political parties in parliament have shown their true colours. The politicians are desperately trying to protect themselves and their friends, at the expense of the national interest.”

Organisation Undoing Tax Abuse (Outa) director Stefanie Fick said the issue of electoral reform – real reform – was being deliberately sunk by parliament. Fick said parliament had argued the scope was too big and the recommendations too complex, but a very suitable Bill had already been proposed in December 2020 – the Lekota Bill.

“Where did it go wrong?” she asked.

“Firstly, the minister responsible for introducing the Bill ignores the problem for 18 months. The portfolio committee does nothing except put together the ministerial advisory committee with the subsequent release of the MAC Report in June 2021.

“Eventually, with six months left, a very weak version of electoral ‘reform’ is sent to parliament,” she said.

Then the portfolio committee pays lip service to public consultation and ensures the weakest possible version of the Bill is chosen. There is no public education and all alternative Bills, including options proposed by experts, are suppressed.

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“Only political parties will benefit from this amendment. Parliament has been asleep at the wheel for too long now. We need proper accountability and we believe electoral reform will do that.”

Outa’s parliamentary engagement and research manager Rachel Fisher added that parliament had not communicated if a Bill containing amendments requested would go through the National Council of Provinces again, causing more delays.

“There have been numerous recommendations civil society made and none are being taken into consideration,” she said.

• This article has been updated to include parliament’s full response. The Citizen apologises for not including spokesperson Moloto Mothapo’s response.